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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil liability of certain persons in connection |
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with allowing or forbidding handguns on the premises of a business |
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or apartment complex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 95A to read as follows: |
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CHAPTER 95A. LIABILITY OF CERTAIN PERSONS IN CONNECTION WITH |
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ALLOWING OR FORBIDDING HANDGUNS ON CERTAIN PREMISES |
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Sec. 95A.001. DEFINITIONS. In this chapter: |
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(1) "Apartment complex" means two or more dwellings in |
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one or more buildings that are owned by the same owner, located on |
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the same lot or tract, and managed by the same owner, agent, or |
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management company. |
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(2) "License holder" means a person licensed to carry |
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a handgun under Subchapter H, Chapter 411, Government Code. |
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Sec. 95A.002. LIABILITY OF CERTAIN PERSONS THAT FORBID |
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HANDGUNS. (a) This section does not apply to an entity required to |
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display a sign under Section 411.204, Government Code. |
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(b) A person with control over the premises of a business or |
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an apartment complex who forbids entry on the premises by a license |
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holder with a concealed handgun is strictly liable to a license |
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holder who would otherwise have carried a concealed handgun onto |
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the premises for damages for personal injury or death resulting |
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from an occurrence on the premises: |
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(1) in which the license holder would have been |
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justified in using deadly force; and |
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(2) that could have been prevented by the otherwise |
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lawful use of a handgun by the license holder. |
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Sec. 95A.003. IMMUNITY OF CERTAIN PERSONS THAT ALLOW |
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HANDGUNS. A person with control over the premises of a business or |
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an apartment complex who allows entry on the premises by a license |
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holder with a handgun is not liable based solely on that permission |
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for damages arising from the lawful carrying of a handgun on the |
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premises. |
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Sec. 95A.004. ORAL OR WRITTEN COMMUNICATION. For purposes |
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of this chapter: |
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(1) an oral or written communication that constitutes |
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notice for purposes of Section 30.06, Penal Code, is sufficient to |
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constitute forbidding entry on the premises by a license holder |
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with a concealed handgun; and |
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(2) the lack of an oral or written communication that |
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constitutes notice for purposes of Section 30.06 or 30.07, Penal |
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Code, is sufficient to constitute allowing entry on the premises by |
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a license holder with a concealed or openly carried handgun, as |
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applicable. |
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SECTION 2. (a) Section 95A.002, Civil Practice and |
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Remedies Code, as added by this Act, applies only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law applicable to the cause of action immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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(b) Section 95A.003, Civil Practice and Remedies Code, as |
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added by this Act, does not apply to a cause of action that accrued |
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before the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the cause of action immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |